Under current federal law, with certain exceptions, a law enforcement officer may carry a concealed weapon if he or she is also carrying an identification issued by the law enforcement agency that employs him or her; this federal provision explicitly preempts any state prohibition. Under current state law, any person may apply for a license to carry a concealed weapon. When the person submits an application, the Department of Justice (DOJ) must run a background check on the applicant to see if he or she is prohibited from possessing a firearm. The person must also submit a fee to cover the costs of the application and the background check and must submit proof of training. Under this bill, DOJ must provide a license to carry a concealed weapon to all law enforcement officers without the fee, background check, or training required by applicants who are not law enforcement officers.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

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20.455 (2) (gs) Background check for licenses to carry concealed weapons. The 4amounts in the schedule to provide services under s. 175.60. All moneys received as 5fee payments under s. 175.60 (7) (c) and (d), (13) (a) 1., and (15) (b) 4. a. and b.1m. 6c. shall be credited to this appropriation.

AB479,2,179165.60Law enforcement. The department of justice is authorized to enforce 10ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30, 944.31, 944.33, 944.34, 945.02 11(2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement 12submitted or made under s. 175.60 (7) (b) or (15) (b) 2.1m. b. or as described under 13s. 175.60 (17) (c), to enforce s. 946.32 and is invested with the powers conferred by 14law upon sheriffs and municipal police officers in the performance of those duties. 15This section does not deprive or relieve sheriffs, constables, and other local police 16officers of the power and duty to enforce those sections, and those officers shall 17likewise enforce those sections.

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175.60 (2) (a) (intro.) The department shall issue a license to carry a concealed 21weapon to any of the following:

AB479,3,211. Any individual who is not disqualified under sub. (3) and who completes the 2application process specified in sub. (7).

AB479,3,43(am) A license to carry a concealed weapon issued under this section shall meet 4the requirements specified in sub. (2m).

AB479, s. 45Section
4. 175.60 (2) (a) 2. of the statutes is created to read:

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175.60 (2) (a) 2. All law enforcement officers, except that, if the law 7enforcement officer is a licensee on the effective date of this subdivision .... [LRB 8inserts date], or is a licensee on the date he or she becomes a law enforcement officer, 9the department may decide not to issue the law enforcement officer another license 10but shall renew the license as provided under sub. (15) (bm) or replace the license as 11provided under sub. (13) (a) 2.

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175.60 (5) (a) (intro.) The department shall design an application form for use 15by individuals who apply for a license under this section and a renewal form for use 16by individuals applying for renewal of a license under sub. (15) (b). The department 17shall complete the design of the application form no later than September 1, 2011, 18and shall complete the design of the renewal form no later than July 1, 2014. The 19forms shall require the applicant to provide only his or her name, address, date of 20birth, state identification card number, race, sex, height, and eye color and shall 21include all of the following:

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175.60 (7)Submission of application. (intro.) An individual who is not issued 25a license under sub. (2) (a) 2. may apply for a license under this section with the 1department by submitting, by mail or other means made available by the 2department, to the department all of the following:

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175.60 (9g) (a) (intro.) The department shall conduct a background check on 6every applicant for a license under sub. (7). The department may not conduct a 7background check on individuals who are to be issued a license under sub. (2) (a) 2.8The department shall conduct a background check regarding an applicant for a 9license using the following procedure:

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175.60 (13) (a) (intro.) If a license document is lost, a licensee no longer has 22possession of his or her license, or a license document is destroyed, unreadable, or 23unusable, a licensee may submit to the department a
one of the following:

AB479,5,311. If the licensee was issued a license under sub. (2) (a) 1., a statement 2requesting a replacement license document, the license document or any portions of 3the license document if available, and a $12 replacement fee.

AB479,5,94(b) The department shall issue a replacement license document to the licensee 5within 14 days of receiving the statement and fee
items under par. (a). If the licensee 6who was issued a license under sub. (2) (a) 1. does not submit the original license 7document to the department, the department shall terminate the unique approval 8number of the original request and issue a new unique approval number for the 9replacement request.

AB479, s. 1110Section
11. 175.60 (13) (a) 2. of the statutes is created to read:

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175.60 (13) (a) 2. If the licensee was issued a license under sub. (2) (a) 2. or had 12a license renewed under sub. (15) (bm) or if the individual is a law enforcement 13officer, a statement requesting a replacement license document and the license 14document or any portions of the license document if available.

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175.60 (15) (b) 1m. (intro.) The department shall design a notice of expiration 18form for licenses issued under sub. (2) (a) 1. or renewed under this subdivision. At 19least 90 days before the expiration date of a license issued under
this sectionsub. (2) 20(a) 1. or renewed under this subdivision, the department shall mail to the licensee 21a notice of expiration form and a form for renewing the license. The department shall 22renew the license issued under sub. (2) (a) 1. or renewed under this subdivision if, 23no later than 90 days after the expiration date of the license, the licensee does all of 24the following:

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175.60 (15) (b) 1m. c. Pays all of the following: a. A a renewal fee in an amount, 7as determined by the department by rule, that is equal to the cost of renewing the 8license but does not exceed $12. The department shall determine the costs of 9renewing a license by using a 5-year planning period. b. A
and a fee for a 10background check that is equal to the fee charged under s. 175.35 (2i). The 11department shall determine the costs of renewing a license by using a 5-year 12planning period.

AB479, s. 1513Section
15. 175.60 (15) (bm) of the statutes is created to read:

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175.60 (15) (bm) No later than 21 days before the license expires, the 15department shall issue a renewal license by 1st class mail to a licensee who was 16issued a license under sub. (2) (a) 2., to a licensee who is a law enforcement officer, 17or to a licensee whose license had been renewed under this paragraph.

AB479,7,31175.60 (15) (b) 3m. The department shall issue a renewal license by 1st class 2mail within 21 days of receiving a renewal application, statement, and fees under 3par. (b)subd. 1m.

AB479, s. 184Section
18. 175.60 (16) (b) 4. of the statutes is created to read:

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175.60 (16) (b) 4. A weapon if a person who is issued a license under sub. (2) 6(a) 2., who has a license that was renewed under sub. (15) (bm), or who is a law 7enforcement officer is carrying the weapon.